HomeMy WebLinkAbout164794 COLORADO ALLIANCE OF RESEARCH LIBRARIES - PURCHASE ORDER - 3215125PO
PURCHASE ORDER 321512er Page
C117f of PURCHASE
15125 1 of z
�t Collins( his number must appear
V ' 1 on all invoices, packing
�slips and labels.
Date: 01/09/2015
Vendor: 164794 Ship To: PUBLIC LIBRARY (MAIN)
COLORADO ALLIANCE OF RESEARCH LIBRARIES 201 PETERSON ST 1
3801 E FLORIDA AVE #515 FORT COLLINS CO 80524-2990
DENVER CO 80210
Delivery Date: 01/09/2015 Buyer: ED BONNETTE
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF
GOODS AND/OR SERVICES, AS NEEDED DURING THE
CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED
ARE ESTIMATES AND NOT A PROMISE TO PURCHASE
ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 ANNUAL ORDER FOR
GOODS & SERVICES
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
25,000.00
Total $25,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions By statute the City of Fort Collins is exempt from stale rand local taxes. Our Exemption Number is
98-04502. Federal Excim Tax Exemption Cmificam of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Drover, Colorado (Ref Colomdo Revised Summers 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in heait may be resumed to you for credit and are not to he replaced except upon receipt of written
imhuctions team the City of Fan Collins.
Inspection. GOODS are subject to din City of Fiat Collin inspection on arrival.
Final Acceptance. Receipt of the mechamlise, mrstars or ex uipmen, in response to this order can result in
amhorked payment on the pan of the City of Fan Collins. However, it u to b, understood that FINAL
ACCEPTANCE is dependent upon completion wall applicable required narration procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, IN Wood St., Fon Collins, CO 80522, is.
otherwise specified on this order. Upemissum is given to prepay freight and charge separately, the original freight
hill must mcamnanv invoice. Additional themes for awkina will not bo accer d
Shipment Distance. More manufacturers have distributing pain in various pans of the country, shipment is
expected from the rrcarest distribution ,mint to destitution, and excess freight will he deducted from Invoice when
shipments are wade from greater distance.
Permits. Sella shall procue of sellers sole cast all necessary permits, anificat. sM license required by all
applicable laws, regulations, ordinances and roles of the same. municipality, territory or Political subdivision when
the wart is performed, or acquired by my offer duly constituted public authority having ju isdiaiw over the work
of vendor. Seller funfie, agrees to hold the City of Fan Collins harmless from and almost all liability and loss
incurred by than by reason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authonzafa All partiu to this cou rasa a,cc that the reporr wfives are, in fact, Evans fide and possess full and
..,[air authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the term and conditions suited
herein set fond and any supplementary or additional temn and Conditions amexed hereto or incmpomtd herein by
reference. Any additional or diReamt teats and conditions proposed "[]a are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immaliately Hyou cannot make complete shipment to arise on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be, effected within the time
suited oa the purchase order and the documents attached herein No acts of the Purchasers including, without
limitation, acceptance of partial Ire deliveries, shall operate in a waiver of this provision. In the event wany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option wplacing this order elsewhere
and holding the Seller liable for damages. However, the Sella shall not be, liable for damages in a result of delays
due to causes not reamnably fmaaable which are beyond its mormable control and without, its fault of neglincom
such aces of God, ass ofeivil or military authorities, govemmatml priorities, fires, worker. Hand, epidmuq wars Of
riou provided Nat notice of the conditions musing inch delay is given to the Pmcbaser within live (5) days of the
time when me Sella first received knowledge thereof. In the event army such delay, the date of delivery shall he
aucaukd far the period equal to the time acwlly Jos, by reason ofine delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andfor other descriptions given, will be fit for the purposes intended, and
peformed want the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold not puchae, harmless from any has, damage w expense which the
Purthaa may suRm or incur on =want crave Sellers breach of warranty. The Seller shall replace, repair or make
good, without car to the purchaser, any defcs or furls arising within one (1) year or within such longer period of
time ns may h prescribed by law or by the brow ofmy applicable wmmnry provided by she Sella after the date Of
natatorium of the good funishal heremder (acceptance Out to be unrcnsmably delayed), resulting from imperfrt
or defective work done or materials fumisbed by the Seller . Acceptance or use of goods by the Purchaser shall not
ontriute a waiver crony claim andr this.1y. Except a otherwise provided in this purchase order, no Sellers
liability heeunder shall extend to all damages pmximately caused by the branch of my of the foregoing animates
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser toy make clanges to legal team by wrinm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Paachasr may crake my change to the tears, other man legal across, including ndditims to or deleio s room
the quantities originally ordered in me specifications or dressings, by sem.l or wrtten change order. If my such
change effects the amount due of the time nfperformance hereunder. for equitable adjustment shall b r made.
6. TERMINATIONS.
The Purchaser my at any time by written change order, terminate this agreement as to any or all random of the
goods then not sbi pad, subject ha any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
potion of the goods andeor work, for incidental or emrsrluential damages, and that no such adjustment be mile in
favor of the Seller wins respect to any goods which are me Sellers suindard stock. No such termination shall relieve
the Purchase or the Sella army of their obligations as to my goods delivaed hereuunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for ndjusnnent rout ba aaseted within thirty (30) dap farm tho date she change or lamination is
ordered
I. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hmeander shall have ban produced sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the good we subject. The Seller shall execute and
deliver such documents ex may be required to affect or evidence compliance. All laws and regulations; required to be,
incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agree to
idemJfy and bald the purchaser harmless fro all costs and damages sufb,ed by the Purchaser ns a man of the
Sell. failure to comply with such law.
9. ASSIGNTvfENT.
Neither pasty shall assign, tmmftt. of wnVey this Order, or my wmes the err to became due hereunder without the
poor written wasent of she other parry.
10. TITLE.
The Sella amounts full, clear and unrestricted title to the Purchnstt for all equipment, materials, and items fumishal
in performance of this agreement, Gee and clear of any and all Ilea, mastication, reservations, security moment
mcumbmnces and claims artifacts.
11. NONWAIVF.R.
Failure of the Puchaser to insist upon this, perfmmmce of fluerents and conditions berw[ failure or delay to
exacism any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breach, the acceptance wor payment for goods hereunder or approval ofthe design, shall not release the Sell,, of
any of the warranties or obligations of this purchase order and shall nor be deemed a waiver Of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such good, regardless
of what shipped, received or accepted, as to any prior or subsequent default hereunder, w, shall any puryomed
oral modification or rescission of this purchase order by Ne Purthae, op,mte as a waiver of any of the ,emu
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser rtognim Oat in acnl economic practice, overcharges resulting firm aatitras,
violations sre in fact borne by rise Purchaer. Theretofore, for good calve and us consideation for executing this
purchase order, the Seller hereby asiga to the Purchaser any and all claims it may now have or haraner
acquired under filed or suite antitrust laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this Frustum Order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchua directs the Seller to correct nonconforming or detective good by a date to he agreed upon by the
ptuchuer and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, th, purchaser
may cane the work to be performed by the mat expeditious mmrm available to nL and the Seller shall pay all
costs emotional with such work.
The Seller shall release the Producer and its contractors of my fins from all liability and claims of my wore
resulting from the performmtt of such work.
This release shall apply even in the event of fault of negligence of the perry repaed and shall extend to the
directors, officers and employees of such party.
The Sellars communal obligations, including warmary, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is tropical to use my design, device, as enal or Amass covered by letter, patent. trademark
or copyright, the Sella shall indemnify and save hamdas the Purchaer from my ad all claims fro infringement
by reason of the we of such patented design, device, material or process in connection with rise contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may h obliged to pay by reason oration
infringement at any time during the prosecution or arm the completion of the work. In two said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to combine, infringement and the use of
said equipment of pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaer the fight to continue using said equipment or Parts, replace the some with substantially cowl but
voninMnging equipment, or modify it so it becomes contributing.
15. INSOLVENCY.
If the Seller shall borome'uwlvan or WNmpt, make m wainu an fro the benefit of creditors. appoint a
receiver or trairc fro my of the Sellers property or Form., this order may f.Mwith be canceled by the
Purchosa whMut liability.
16. GOVERNMG LAW.
The definitions of urns used or the interyrtmtion ofthe agreement and the fights ofall Parties hereunder shall be
construed under and govemed by the laws of the State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work heeunder,
including the services ofSellm Represenative(s), an the praises of offers.
17. SELLERS RESPONSIBILITY.
The Sella sMll wry on said work at Sellcrs own risk unfit the trod is fully complaed and incepl and shall,
in case of my accident, destruction Or injury to Ore work mdrm matenals bete Sellers awl completion and
acceptame, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mareriah
and equipment are fmichd by others far installation or erection by the Seller, the Sella shall receive, unload,
stare and handle same at the site and become responsible therefor as though such wtmals and/or equipment
war being famished by the Seller under the order.
S. INSURANCE.
The Seller sbar L at his owes expense, pmvi& far the payment of worker compensmioa, including occupational
disease benefits, to its employees employed on or in correction with the work covered by this purchase orda,
still to (heir depandents in mwrdance with the laws Of are state in which me work is to be done. The Sella
shall also cart, comprehensive general liability including, but not limited to, comracnal and automobile public
liability ins., with mainly i Jury and death limits of as leas 900.gp for any one Person. 5500,000 for my
one accident and property damage limit per accident of S4110,000. The Seller shall likewise require his
conamcours, if any, to provide for such compensation and insurance. Before my of me Sellers or his contractors
employees shall do any work upon the premises of offers, the Sella shall furnish the Purchaser with a cenificale
that such compensation and insurance have ban provided. Such minficares shall specify the date when such
compensation and insurance have ban provided. Such ceniBcates shall specify the date when such compensation
and insurance expires. The Seller agrws that such compensation and insurance shall be wiminal until one, the
attire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella herby assume, the min responsibility rod liability for any trod all damage, lass or injury army kid
of azure whatsmer to persons in Part award by or resulting Room the execution argue work providal for in
this purchase order or in conrcaion herewidr. The Seller will indemnify, and hold (armless the purchaser and any
or all of the Purchasers otfcers. agents and employees from and against eery and all chain, losses, damages,
charges or rxpenses, whether direct or indirect, and whether to persons or property to which the Purchase Only
be put or subject by reason of any act, action, neglect, omission err default on me part of far Seller, any of his
contractors, or any of the Sellers or contmaors officers, agents or employees. In mu any suit or other
proceedings shall be brought against the Purchamq or its officers, again or employees at any time oa account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their alfcas, agents or employees as aforesaid, the Seller hereby ,as to auume me defense thereof and to
dead the same at the Sellers awn expear, m pay any and all casts, chrges, atomrys f and athr, expenses,
any and all judgments that may be incurred by in obtained against the Purchaser or any of as or their officer,
agents or employees in such suits or offer proceedings, and in cue judgment or other lien be placed upon an
Obtained against fee property, of the purchaser, or said panic in or as a recall of such suits or offer pmcealings,
the Sella will al once was the same to be dissolved and dischcgal by giving hand in oNrniu. The Sella and
his contractors shall take all safety precaution, furnish and irtall all guards necessary for the prevention of
accidents, comply will all laws, and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto.
Revised 0742014